Many patent applicants and patent owners have struggled to determine the exact standards the USPTO and the Federal Circuit use to determine whether inventions are patentable after Alice. However, recent decisions by the Federal Circuit suggest that one of the…
As mentioned in our previous post, the Federal Circuit has recently upheld a variety of “software” patents in the face of Alice challenges by accused infringers. This post gives a brief overview of the technology found to be patent eligible…
The Federal Circuit has upheld more patents in the face of Alice challenges in the last 6 months than in the 2 years following the Alice decision. This is a notable shift in the Federal Circuit’s application of Alice, and…
Although perhaps the most sensalitionist method of monetizing patents, filing a patent litigation suit is still a viable way to obtain value from patents. As we previously discussed, the number of patent litigation suits filed in 2015 represented about a…
Yes, patents and patent applications are property, and as such, can be transferred or sold just like other tangible property. Owners of quality patents who are less willing to seek remedies through the court system, or would prefer to quickly…
For patent owners or patent application owners who are strapped for cash, a large number of economic institutions and funds have recorded assignments for patents or patent applications held as collateral for business loans. Marathon Patent Group, a group that…
Over the last few weeks we have discussed the impact of Alice on patents, and determined that it is still possible to obtain software patents post-Alice. We saw patent litigation suit filings close to all-time highs. Although filing one or…
Question: If the USPTO grants me a patent on software, will courts use similar standards in upholding my invention as being patentable? Answer: Yes. Courts have followed the Alice guidelines in finding software inventions patentable. In fact, observers have found…
Question: If the USPTO denies me a patent because my invention is related to software, can I have success appealing to the Patent Trial and Appeals Board (PTAB)? Answer: Yes. Many applicants for software patents have successfully obtained a patent…
By all accounts, 2015 was a remarkable year for patents. A new milestone was reached as the United States Patent and Trademark Office (USPTO) issued patent number 9,000,000 in April. In fact, the USPTO granted almost 300,000 patents in 2015.…
Yes, software is patentable. Although some commentators declared that Alice heralded the end of software patents, the United States Patent and Trademark Office (USPTO) will not deny a patent on an invention simply because the invention is related to software.…
Many innovators have asked this question, especially over the past year. To find the answer, we now have to ask Alice. In case you’re not familiar, let me provide some background before introducing you to Alice. The proverbial pendulum regarding…